Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Dr Roy Baker
Contact via email
W3A 509
For consultation times see iLearn
Daniela Simone
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(24cp in LAW or LAWS units) or (39cp at 100 level or above including MAS214)
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Corequisites |
Corequisites
LAW203 or (39cp including (ICOM304 or MAS302 or MAS330 or POL302))
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Co-badged status |
Co-badged status
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Unit description |
Unit description
While focusing on Australia, this unit takes an international and comparative perspective on key media issues. How do different countries decide who should control the media, as well as what they should and should not show? If we value free speech, how should we regulate material such as political debate, defamation, privacy, pornography, vilification and advertising? How do we hit the right balance between state media control and the right of individuals to free expression? We look at the day-to-day legal restrictions on the media and students get to experience what it is like to advise on media content.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
In order to pass this unit students must:
A. satisfactorily complete Foundation Quizzes 1.1 to 1.4 (see below under Foundation Quizzes 1.1 to 1.4), and
B. attain at least 50 marks garnered from the following:
A fail grade for one or more of the weekly assessed quizzes (Quizzes A to M), program advice exercise, research assignment or final online exam will not result in an automatic fail of the unit.
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.
Name | Weighting | Hurdle | Due |
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Foundation Quizzes 1.1 to 1.4 | 0% | Yes | 11 pm, 25 March 2018 |
Weekly quizzes (Quiz A to M) | 20% | No | Various: see Schedule below |
Program advice exercise | 20% | No | 1 - 8 pm, 6 May 2018 |
Research assignment | 40% | No | 11 pm, 11 June 2018 |
Final online exam | 20% | No | 2 - 4 pm, 25 June 2018 |
Due: 11 pm, 25 March 2018
Weighting: 0%
This is a hurdle assessment task (see assessment policy for more information on hurdle assessment tasks)
In order to pass this unit, students must satisfactorily complete Foundation Quizzes 1.1 to 1.4. Satisfactory completion is a hurdle requirement. Satisfactory completion involves attaining 100% in each quiz on the student's last attempt. Students are allowed unlimited attempts at each quiz and quiz attempts are not timed.
The purpose of the quizzes is to ensure that students are conversant with how the unit will be run. They are also intended to clarify staff and student expectations, thus promoting effective learning.
Although the due date has been set at the end of Week 4, students are encouraged to complete the quizzes much earlier, preferably before their first tutorial.
Due: Various: see Schedule below
Weighting: 20%
Twelve weekly assessed quizzes will be set. These are identified as Quizzes A to M. (There is no Quiz I.) Each quiz will relate to the topic due to be studied at the tutorial following the quiz deadline. The quizzes will be conducted using iLearn and students must post their responses via iLearn. Students must submit their answers for each quiz by the deadline stipulated in the Schedule below. Generally the deadline falls at 11 pm on the Sunday prior to the tutorial at which the relevant topic will be discussed.
Subject to that 11 pm deadline, students will have 30 minutes from when they first open the quiz to submit all of their answers. At the end of 30 minutes the quiz is submitted automatically with whatever answers have been filled in so far. If you open the quiz after 10.30 pm on the day of the deadline then the quiz will nevertheless close at 11 pm, meaning that you will have less than 30 minutes to submit your answers.
Students will receive a mark for each of the 12 quizzes they attempt. If a student does not attempt a quiz then 0% will be entered as the student's mark for that quiz. A student's best 10 quiz marks will count towards the student's unit grade. Students are advised to complete as many quizzes as possible. Missing one or more quizzes will not result in an automatic fail.
Each quiz will be worth two marks. Each quiz will consist of five questions as follows:
Answers to each question will be released on iLearn as soon as the deadline falls. Where appropriate, online feedback will also be provided. Each quiz is a timed assessment and no late submissions will be accepted. If a student is awarded special consideration for a missed quiz then the special consideration will take the form of a supplementary quiz to be attempted during the exam period (see below under Policies and Procedures for details).
Due: 1 - 8 pm, 6 May 2018
Weighting: 20%
During the afternoon of Sunday, 6 May 2018 students will be asked to write an advice in relation to a hypothetical script for a proposed radio or television item. The advice will need to relate to the legal risks inherent in broadcasting the item. Where unacceptable risks exist, students will be expected to suggest ways of reducing those risks to an acceptable level.
Students will be able to download the script and related information from iLearn at 1 pm on 6 May. They will need to upload their advice to iLearn (via Turnitin) by 8 pm the same day. This exercise is a timed assessment and no late submissions will be accepted.
Detailed instructions on how to complete the exercise, as well as a marking rubric and tips on how to do well, will be made available on iLearn one week prior to the exercise. The exercise will be designed to test students' understanding of content studied in Topics 3 to 8 (inclusive).
Due: 11 pm, 11 June 2018
Weighting: 40%
A key purpose of the research assignment is to develop and assess competencies in independent research and writing. Students will be required to submit (via Turnitin) a 2,500 word research paper by 11 pm, 11 June 2018.
This unit's lectures and prescribed readings focus on how Australia regulates the following aspects of the media and media content:
In their research papers students will be asked to choose one of these aspects of media regulation and compare how Australia deals with it in comparison to one or more jurisdictions outside Australia. They will be required to frame that comparison in terms of the ideas relating to freedom of expression that we examine at the start of the unit (ie the works of John Stuart Mill, Frederick Schauer and/or Stanley Fish).
Detailed instructions and advice relating to the research assignment, as well as a marking rubric, will be provided to students in Week 3. Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven days (incl. weekends) after the original submission deadline.
Due: 2 - 4 pm, 25 June 2018
Weighting: 20%
Students will complete a two-hour online exam that consists of a number of multiple choice questions. The questions will focus on material covered in Topics 9 to 13 (inclusive). The questions will be made available to students via iLearn at the start of the two hours and students will be required to submit their answers online. The exam will not require attendance on campus or at any other specified venue. This is a timed assessment and no late submissions will be accepted.
This unit consists of 13 topics, as set out on the iLearn website. With the exception of Topic 1, each topic is accompanied by a lecture. Rather than lectures being delivered ‘live’ in a theatre, recordings are available for download from iLearn (click under the ‘Echo 360’ logo). PowerPoint slides accompany each lecture and are also available from iLearn (in .pptx and .pdf format). When listening to lectures, be sure to have the accompanying PowerPoint slides in front of you, since they will be referred to during lectures.
Lectures are intended to give you an overview of the topic, indicate its most important aspects, make the related readings more interesting and accessible and, if necessary, update those readings. It is assumed that you will listen to the lecture prior to embarking on that week’s readings.
The lectures should give you a broad overview of the subject, but it is essential to then develop your understanding by completing the related readings. Each week's readings are listed in the Unit Schedule below. Readings are divided into ‘essential readings’ and ‘desirable readings’. Note that all readings listed in the schedule are considered examinable, even if described as 'desirable': the division between 'essential' and 'desirable' is intended only to advise you as to which readings are most important.
‘Essential' readings mostly consist of extracts from the prescribed textbook:
You are advised to obtain the current (fifth) edition of the prescribed text. Other readings are available online from Macquarie University library or the general internet.
In addition to the secondary sources (book chapters, journal articles, etc) listed in the Unit Schedule, you are expected to consult relevant primary legal sources (treaties, statutes, regulations, codes and cases) as much as possible. It should be evident to you from the lectures and secondary sources which primary sources (and which parts of those primary sources) are most important. Sometimes you will need to consult primary sources in order to complete assignments. You are expected to have sufficient research skills to locate and download those primary sources. If you are having problems then the library website and staff are likely to be your best source of assistance, although your tutor may also be able to help.
For the research assignment it is absolutely essential that you go beyond the listed readings, using the library and internet to find appropriate primary and secondary sources. You are also encouraged to read widely in the general media in order to make unit content more interesting and relevant.
If you feel that you would like to buy a casebook in addition to the prescribed textbook then you are recommended the following:
Having gained a basic understanding of each topic by listening to the lecture, and having developed that understanding through completing the readings, tutorials are your chance to discuss the issues raised, as well as ask questions in order to clear up any lingering doubts as to whether you understand the material correctly. Tutorials are meant to come towards the end of the learning process, not the beginning. Certainly they are not substitutes for listening to the lectures or doing the readings, although if you are totally stumped by even a basic point then there is no shame in raising it in a tutorial.
There will be 13 tutorials during the Session, starting in Week 1. All internal students should register in a tutorial group. Places are available on a first-come, first-served basis. You should attend the tutorial in which you are registered. However, if it proves difficult to do so then you may occasionally attend another tutorial without asking permission, provided you do not do so more than twice in a row.
Internal students are expected to attend tutorials weekly. Obviously circumstances may arise that are outside your control and occasionally preclude attendance (illness, etc). While that is perfectly understandable, you are expected to attend most weeks.
If you do not attend tutorials then you will not face a formal penalty. Even so, the unit will be taught on the assumption that all internal students attend tutorials regularly, and unit material and assignments will be pitched accordingly. Students who choose to skip class can expect to find studying the unit much harder, and they will almost certainly miss crucial information. For instance, questions of the type found in the assessments will frequently be discussed in class and answers will not always be made available to those who do not attend. Certainly students should not expect the convenor or their tutor to accommodate regular non-attendance by providing information on what was said or done in class, or any other kind of additional material, guidance, etc.
Please try not to be late arriving at a tutorial. They will start promptly at five minutes after their advertised commencement time and should end at least five minutes before their advertised finishing time (in order to provide time for students and staff to move from one class to another).
Tutorials only succeed if students actively participate. Tutorials are not meant to be simple rehashes of the lecture. In order to participate you need to adequately prepare for each tutorial. This means listening to the lecture, completing the readings and online activities and thinking about the issues covered before you arrive.
Participation can take the form of answering the tutor’s questions, but you are also free to pose your own questions, either to the tutor or fellow students. You should also regularly contribute appropriately to discussions. This involves listening respectfully to what others say and responding courteously.
In relation to Topics 2 to 13, a discussion forum will be set up on iLearn. Students are encouraged to contribute to these discussions, provided the general rules of etiquette are observed. The forums are intended for discussion relating to the issues we are studying. Please post questions relating to administrative matters to the forum called ‘Discussion Forum re Administrative Matters’.
General notes:
This topic introduces the unit: its learning outcomes, its learning material and activities, and also its methods of assessment. Besides discussing administrative matters, the topic also considers the expectations of staff and students.
Principles guide policy makers in the design of rules. This lecture asks what principles should govern media law. Should everything be premised on some kind of right to free speech? If so, what do we mean by this right and is it really so important?
This lecture continues to consider the arguments generally used in support of freedom of expression, focussing on the part free speech plays in a healthy democracy. Australia's High Court has given constitutional protection to political expression, but was that a good thing? Looking in particular at the issue of paid political advertising in broadcasting, I argue that the central problem lies in how we habitually conceptualise freedom.
Historically, the state regulated speech so as to protect itself from its subjects. In our more democratic times attention has switched towards safeguarding national cohesion. This lecture considers the extent to which states are entitled to regulate speech that vilifies sections of the community, particularly racial, ethnic and sexual minorities, and which may lead to internal strife.
If we accept the harm principle then we should not regulate erotica simply in order to safeguard the morals of its consumers. But pornography has been accused of objectifying those who appear in it, particularly women. Indeed, it has been described as nothing more than hate speech directed towards women. Using feminist theory, free speech discourse and the latest findings in neuroscience, this lecture compares various regulatory approaches to sexual content.
In Australia, one of the major legal constraints on journalistic freedom derives from defamation law. Starting off by asking whether any of us are entitled to laws that safeguard our reputations, this lecture considers how the tort of defamation is committed.
Continuing our analysis of defamation law, this lecture looks at the defences available to media outlets that cause damage to reputation, and asks whether those reputations are overly protected.
In this lecture I ask whether the tort of defamation is a broken tort, and whether the issue of protection of reputation is not better addressed through other forms of legal action, such as the tort of injurious falsehood or negligence, or a new action for breach of privacy.
This lecture considers the extent to which the law both facilitates and hinders journalists' access to information, as well as its distribution via the media.
Controversy over phone hacking by journalists has exploded in the UK in recent years, has led to the closure of one of the country's oldest newspapers and could even threaten the Murdoch empire as we know it. This lecture considers whether the same thing could happen in Australia.
Historically, the common law never offered a remedy specifically designed to protect personal privacy. With the development of a more intrusive press, disquiet over this omission has become increasingly vocal. This lecture compares developments in the law of privacy in Australia with those overseas, particularly in Europe, where laws protecting privacy have a longer pedigree.
Of all Australian media, television and radio have been the most tightly regulated in recent decades. With advances in technology, particularly digital broadcasting and the internet, justifications for retaining the traditional structure of regulation have become increasingly strained. This lecture considers the argument for and against rigorous government intervention in broadcasting and asks whether it is time to set television and radio free.
There is little point in freedom of expression if there is only one man talking. This lecture looks at how Australian law seeks to guarantee at least a modicum of media diversity, and why those efforts have been under attack in recent years.
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/student-conduct
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
By far the best way to communicate with the convenor is via email: roy.baker@mq.edu.au
The convenor checks his emails regularly and you can expect a response within a few business days. If you do not hear within four business days then it is likely that your email has gone missing. Only then should you send another chasing it up.
When emailing, it is vital that you use your Macquarie email account ([student.name]@students.mq.edu.au). You can set up your Macquarie account so that emails received there are forwarded to your regular account.
Phoning the convenor is not a good idea unless the call is prearranged, since his phone is not regularly checked for messages.
If you wish to talk to the convenor or a tutor face-to-face then it is best to attend their consultation sessions (see iLearn for the day and time). If you wish to attend then you should notify the convenor or tutor (as appropriate) in advance. If you are unable to attend due to timetable clashes then you should email the convenor or tutor (as appropriate) to arrange a mutually convenient appointment.
Word limits will be strictly applied and work above the word limit will not be marked. All assessments in the unit are to be submitted electronically. Students need access to a secure and reliable server for access to iLearn and submission of assessment tasks. Plagiarism detection software is used in this unit.
Detailed marking rubrics will be made available on iLearn. Markers in this unit undertake a process of 'blind marking' to establish a common marking standard and all Fail papers are double marked.
Students who miss one or more weekly assessed quizzes and who apply via ask.mq for special consideration may be permitted to attempt one or more supplemental quizzes. These will open in iLearn at 9 am on Saturday, 23 June 2018. Answers will be due by 11 pm on Wednesday, 27 June 2018. These quizzes may cover any part of the unit material.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
The following changes have been made since the 2017 offering of this unit: